R.Kumbeswaran v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.28022 of 2021 R.Kumbeswaran ..Petitioner Vs

1. The Chairman Tamil Nadu Pollution Control Board 76, Mount Road, Guindy, Chennai.

2. The District Environmental Engineer Tamil Nadu Pollution Control Board SIPCOT Industrial Growth Centre Walajabad to Tambaram Road Oragadam, Sriperumbudur Taluk Kancheepuram District - 603 109.

3. The District Collector Collectorate Office Kancheepuram District Kancheepuram - 631 501.

4. Samptah Asphalt Hot Mix Plant Somangalam Village Kancheepuram District.

5. Sri Ganesh Enteprieses Somangalam Village Kancheepuram District.

6. Sam Construction Somangalam Village Kancheepuram District.

7. Shanmathi Consturcions Somangalam Village Kancheepuram District.

8. MRN Arul Construtions Somangalam Village Kancheepuram District.

9. Sri Renugambal Constructions Somangalam Village Kancheepuram District.

10.Krishna Hot Mix Plant Somanagalam Village Kancheepuram District.

..Respondents Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1 to 3 to conduct an inspection and to take action against respondents 4 to 10 for not following the conditions in the clarification letter dated 29.12.2016 of the first respondent by considering the representations dated 6.3.2020 and 14.8.2021 of the petitioner and pass such further or other order or orders including an order for permanently closing all the Hot Mix Plants in the area in such a way that they are incapable of being operated even clandestinely.

For the Petitioner : Mr.K.Sivakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for 3rd respondent : Mrs.Shanmugavalli Sekar for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to approach the National Green Tribunal.

In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, W.M.P.No.29596 of 2021 is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sasi

To:

1. The Chairman Tamil Nadu Pollution Control Board 76, Mount Road, Guindy Chennai.

2. The District Environmental Engineer Tamil Nadu Pollution Control Board SIPCOT Industrial Growth Centre Walajabad to Tambaram Road Oragadam, Sriperumbudur Taluk Kancheepuram District - 603 109.

3. The District Collector Collectorate Office Kancheepuram District Kancheepuram - 631 501.

+1cc to M/s.Shanmugavallisekar, Advocate, S.R.No.397 +1cc to the Government Pleader, S.R.No.241 +1cc to Mr.K.Sivakumar, Advocate, S.R.No.795 (12/01/2022) W.P.No.28022 of 2021 EV(CO) RGA(07/01/2022)(12/01/2022)